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1032,) entitled "An act to amend the Highway Law, and the act amendatory thereof, relative to commutations of labor on highways" (Rec. No. 26), with a message that they have appointed as the committee of conference thereon on the part of the Assembly, Messrs. Burnett, Allds and Russell.

A message from the Governor, at the hands of his secretary, was received and read in the words following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as members of the State Board of Tax Commissioners J. Edgar Leaycraft, of New York county, in the place of Edward L. Adams, whose term of office has expired, and George E. Priest, of Ithaca, in the place of Rollin L. Jenkins, deceased, and also for a further term of three years from December 31, 1899.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as State Commissioner in Lunacy William Vanamee, of Newburgh, a lawyer, in the place of Goodwin Brown, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as port wardens of the port of New York Isaac W. Edsall, of Spring Valley, whose current term of office is soon to expire, and James E. March, of New York county, in the place of John S. Kidder, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on commerce and navigation.

Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as a manager of the Hudson River State Hospital, Lewis R. Parker, of Albany, whose term of office as such manager has expired.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as Superintendent of Banks Frederick D. Kilburn, of Malone, whose term of office is soon to expire.

THEODORE ROOSEVELT.

The Senate went into open executive session, and after some time spent therein legislative business was resumed, and the President announced that said nomination had been confirmed. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as factory inspector John Williams, of Utica, in the place of Daniel O'Leary, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Also, the following:

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STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

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To the Senate:

I hereby nominate as assistant factory inspector Patrick J. O'Brien, of New York county, in the place of Joseph H. Barker, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance.

Also, the following:

1

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as a judge of the Court of Claims John M. Kellogg, of Ogdensburgh, in the place of George M. Beebe, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on the judiciary.

Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as State Historian Hugh Hastings, of Albany, whose term of office is soon to expire.

THEODORE ROOSEVELT.

The Senate went into open executive session, and after some time spent therein legislative business was resumed, and the President announced that said nomination had been confirmed. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as special port warden for the port of New York Horace E. Buel, of Port Richmond, whose current term of office is soon to expire.

THEODORE ROOSEVELT.

Said communication was referred to the committee on commerce and navigation.

Also, the following:

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STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

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To the Senate:

I hereby nominate as members of the State Board of Mediation and Arbitration William H. H. Webster, of Buffalo, whose term of office is soon to expire; Francis B. Delehanty, of New York

county, in the place of William Purcell, whose term of office has expired; and also for a further term of three years from December 31, 1899; and James M. Gilbert, of Syracuse, in the place of Henry Clay Johnson, whose term of office is soon to expire. THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Also, the following:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, April 3, 1899.

To the Senate:

I hereby nominate as a manager of the Rome State Custodial Asylum Fremont W. Spicer, of Dexter, whose term of office as such manager has expired.

THEODORE ROOSEVELT.

Said communication was referred to the committee on finance. Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. C. A. Sloane (No. 914), entitled "An act to amend the Penal Code, in relation to unlawful discrimination in the price charged for admission to certain places" (Rec. No. 170), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

The bill (No. 1188) entitled "An act to amend section 49 of 'The Greater New York Charter, being section 49 of chapter 378 of the Laws of 1897, relative to the legislative powers of the municipal assembly of the city of New York" (Int. No. 905), was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

Ahearn

Ambler

Cullen

Davis D F

Armstrong Davis G A

Boyce

Donnelly

FOR THE AFFIRMATIVE.

Ford

Goodsell

Grady
Graney

Malby
Marshall

Martin

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Ramsperger

Rice

Stranahan

McCarren Sullivan

Brackett
Brown

Chahoon

Coffey
Coggeshall Foley

Douglas

Ellsworth

Elsberg

Featherson La Roche

Mackey

Ahearn Ambler

Higgins
Johnson

Krum

Boyce

Brackett

Brown

Chahoon

Coffey

Coggeshall Foley

Mitchell

Munzinger

Parsons

Plunkitt Willis

Raines

44

Ordered, That the Clerk deliver said bill to the Assembly, and

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request their concurrence therein.

The bill (No. 1194) entitled "An act to incorporate' The Oswego Masonic Temple Association of the city of Oswego, N. Y." (Int. No. 907), was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

Thornton
Wagner
Wilcox

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FOR THE AFFIRMATIVE.

Cullen
Davis D F

Ford
Goodsell
Grady

Malby
Marshall
Martin

Armstrong Davis G A

Donnelly

CRLF

Douglas
Ellsworth

Graney
Higgins
Johnson

McCarren
Mitchell
Munzinger
Parsons
Plunkitt
Raines

Elsberg

Krum

Featherson La Roche

Mackey

Ramsperger
Rice

Stranahan

Sullivan

Thornton
Wagner
Wilcox
Willis

44

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The bill (No. 1215) entitled "An act authorizing the directors of the Port Henry Iron Ore Company of Lake Champlain, to execute and file and have recorded a certificate or certificates of extension of the time of the corporate existence of said company " (Int. No. 921), was read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority

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